Departure from: See also LEGAL RATE.

Tariff item relating to handling of and charges for carload shipments, whether loaded in one or more cars which contain freight destined to a point short of the billed destinations and providing that, upon instruction from the consignor when shipment is tendered, carrier will unload freight at proper place en route, and, if the final destination is an off-line point, will transfer and reforward it to that point, charges to be assessed as if the freight so unloaded or reforwarded had been carried through to the billed destination of the carload shipment of which it was originally a part and then reshipped to its actual destination, either as a carload or a lessthan-carload shipment whichever whould be cheaper, compensation being the freight charges for transportation not actually performed, found unlawful because, in many cases, it had the effect of applying over the line of one carrier a rate published by another carrier in which the first does not concur; total charge would often be difficult to ascertain because there would be more than one rate and route; and proposed basis of charges would bear no relation to actual services to be performed. Handling Carload Shipments in West, 57 (71–72).

Device to Depart from: See Water CarrIERS under this heading.
Effect: See COMMON CONTROL, MANAGEMENT, OR ARRANGEMENT.

Error: See Error (Tariff ERRORS).
Export Rates: See EXPORT RATES.
Filing: See FILING.

Interpretation: See APPLICABILITY AND INTERPRETATION under this heading. Notice to Shippers: See NOTICE (SCHEDULES).

Omnibus Clause: See CONSTRUCTION under this heading.

Participating Carriers: Joint class rates on polished marble from Knoxville, Tenn., to Wichita, Kans., found inapplicable on shipments moving prior to change in participating carrier's tariff, which restricted lower combination based on a proportional rate to St. Louis, Mo., to Kansas points not listed in another tariff naming Wichita, but applicable thereafter. Although originating carrier's tariff contained the same restriction at time shipments moved, participating carrier published proportional rate to St. Louis, applicable on traffic to Wichita, and lower combination applied under aggregate-of-intermediates rule. Applicable rates found not unreasonable. Hawkins Marble & Tile Co., v. Atchison, T. & S. F. Ry. Co., 606 (608).

Publication: See PUBLICATION.

Services Without Tariff Provision: When tariff publishing subnormal intrastate rates on corn to Chicago, Ill., expressly prohibited transit, registration of billing for tonnage moving at such rates, without tariff authority therefor, and reshipment to the East under interstate proportionals, shippers being billed for the difference between the in-bound intrastate and interstate rates, violated requirement of sec. 6 (1) that every common carrier subject thereto shall file schedules showing separately all privileges granted and any rules or regulations affecting any part or the aggregate of the applicable rates and charges, or the value of the service rendered. Such practice should be discontinued or an appropriate rule published. Grain Proportionals, Ex-Barge to Official Territory, 353 (367, 371).

Short Notice: Upon petition in accordance with the terms of the original order in 2 U. S. M. C. 285, findings were modified to permit carriers to publish and make effective, on less than statutory notice, rates on west-bound intercoastal traffic lower than the prescribed minima, and to change commodity descriptions in certain instances. Intercoastal Rate Structure, 555

Simplification: See WATER CARRIERS under this heading.
Terminal: See TERMINALS (SCHEDULES).

Transit: See TRANSIT.

Water Carriers: Cancelation of initial schedule of water carrier was required when the carrier was not operating on January 1, 1940, and had not filed an application under sec. 309, part III, of the act, for a certificate of convenience and necessity so that no interim operating rights attached. East-Bound Intercoastal Lumber-II, 107 (108).

Finding in 2 U. S. M. C. 285 modified to permit amendment of the tariff applicable to clay and clay products by addition of certain new entries which would clarify the tariff and provide specific rates. Intercoastal Rate Structure, 555 (559).

Water carriers' practice of advancing in-bound truck charges on citrus fruit to Florida ports to shippers or unregulated motor carriers, found unjustly discriminatory and in violation of sec. 306. Shippers had misrepresented the truck charges as higher than those actually paid, in order to secure lower water proportionals, and when charges were advanced in such amounts there was an excessive collection from the consignee, who was called on to pay both the proportionals and the charges advanced. Such a practice resulted in a refund of a portion of the water carrier's published rate, and when the shipper pocketed the excess under "cut-back" practice, he received an unlawful preference. Proportional Rates on Citrus Fruit from Jacksonville, Fla., 615 (630).

Although water carrier's tariff specifically provided that rates on miscellaneous merchandise, in l. c. 1. lots, from official territory to Key West, and Tampa, Fla., subject to minimum charge on a single shipment, should absorb lighterage or transfer charges from piers of connecting lines to its piers, transfer charges at Boston, Mass., and New York, N. Y., should have been absorbed out of charges exceeding that minimum charge beyond the ports, because the minimum charge is always included in higher charges collected. To construe tariff literally would obligate carrier to absorb transfer charges on small shipments, which it could ill afford to do, but not on large shipments where it could afford the absorption. Rule of statutory construction that a literal application of a statute leading to absurd consequences is to be avoided whenever a reasonable application consistent with the legislative purpose can be given, was applicable. Reparation awarded. S. H. Kress & Co. v. Agwilines, Inc., 655 (656–657). SERVICE.

Tourist-Sleeper: See SLEEPING-CAR COMPANIES.

SHIPPERS. See TRANSPORTATION (SERVICES CONSTITUTING).
SHIPPING ACT, 1916. See WATER CARRIERS (IN GENERAL).
SHRINKAGE RATES. See REDUCTIONS (Justification).
SIMILAR CIRCUMSTANCES AND CONDITIONS.

Discrimination: See DISCRIMInation (Water with Rail Movement). Dissimilarity Warranting Rate Differences: Lower rate on pig lead from Leadville, Colo., to St. Louis, Mo., than to Minneapolis, Minn., was not unreasonable merely because distances to St. Louis were greater, when St. Louis was the principal market and generally the rate-basing point, and rates thereto were on a group basis. Federal Cartridge Corp. v. Chicago, B. & Q. R. Co., 679 (686).

Preference and Prejudice: Findings in 231 I. C. C. 715, that rates on roughrolled glass from Kingsport, Tenn., to points in the Southwest were unduly prejudicial to complainants and unduly preferential of its competitor at Okmulgee, Okla., reversed. On further hearing the showing of truck competition from Kingsport removed the difference in circumstances and conditions found in the prior report to warrant rates from Okmulgee relatively somewhat lower than those from Kingsport. Subsequent establishment, by stipulation of the parties, of rates from Kingsport based on 27.5 percent of first class placed the rates from the

latter point on the same level as those available to complainant's competitor at Okmulgee and completely satisfied the complaint. Order vacated. Blue Ridge Glass Corp. v. Alabama G. S. R. Co., 31.

Although grain merchants at Kansas City, Mo.-Kans., and St. Joseph, Mo., were compelled to absorb switching and grain-door charges on grain moved crosstown from elevators to mills, in order to compete with dealers at other markets who could move grain from elevators at those markets directly to mills at Kansas City and St. Joseph and thence to ultimate destinations at through transit rates, imposition of higher grain-door charges for cross-town than for line-haul movement at Kansas City and St. Joseph was not unduly prejudicial. The service at those points required a second terminal movement after completion of the in-bound haul; a similar difference in charges obtained at all the markets; and when grain was accumulated at elevators at Kansas City or St. Joseph and shipped to mills at the competing markets under line-haul rates, in competition with shipments made direct to elevators at those points and then moved cross-town to the mills, the situation was the same in reverse. Archer-Daniels-Midland Co. v. Alton R.

Co., 421 (430-431).

Rate Comparisons: Evidence relating to rates charged on coastwise trades is entitled to weight in connection with intercoastal trade only when controlling transportation conditions in the compared trades are shown to be substantially similar. East-Bound Intercoastal Lumber-II, 107 (110). SLEEPING-CAR COMPANIES.

Extraordinary transfer of standard cars to tourist cars, because of an abnormal and temporary condition such as troop movements, should have no place in the consideration of a permanent rate increase. Tourist Car Berth Rates, 531 (536). A relation of 66% percent between the rates for space in tourist sleeping cars and in standard cars was justified by the difference in costs of the respective services. Id. (538).

Proposed increase in rates for space in tourist sleeping cars to 66% percent of rates found reasonable for standard cars, found justified. Rates originally reflected a difference in construction and appointments which has disappeared, and while increase in rates might divert some traffic, it would not materially affect the tourist movement as a whole and might result in substantial increase in earnings. Id. (539).

While lower rate basis for space in tourist cars for the shorter than for the longer hauls was not justified, the Commission recommended that, as a matter of policy, respondent give further consideration before increasing the rates for overnight service, since the proposed rates might work some hardship on passengers and result in less favorable revenue to the Pullman company and to the carriers. Id. (539).

SPECIAL EQUIPMENT. See GRAIN DOORS.

SPECIAL SERVICES. See GRAIN DOORS.

SPECIFIC RATES. See SCHEDULES (WATER CARRIERS).
SPLIT DELIVERY. See TRANSIT (CONTINUITY OF MOVEMENT).
SPORADIC SHIPMENTS. See CLASS RATES (IN GENERAL); DIRECTION.
SPOTTING.

Allowances: Although switching between respondent's electrically operated line and industrial plant at Millwood, Wash., could not be performed by respondent's electric switch engine over intervening tracks of steam-operated line of another carrier, the latter's interchange with the industry tracks was found to be a reasonably convenient place for receipt and delivery of freight transported by respondent, and service performed beyond that point was a plant service. Pay

ment of allowance for such service accorded the industry a preference over shippers generally and refunded or remitted a portion of transportation rates or charges, in violation of sec. 6 (7). Inland Empire Paper Co. Terminal Allowance, 127 (130).

Duty of Carrier: Switching between respondent's electrically operated line and industry's tracks at Millwood, Wash., required cross-over of tracks of steamoperated line of another carrier and use of the latter's siding to connection with industrial spur, and was performed by the industry because respondent's electric switch engine could not be operated over the industrial and steam-line tracks. Considering layout of the industry tracks, plant switching beyond the steam line's interchange therewith must be considered in excess of simple placement or teamtrack spotting and therefore in excess of service required under respondent's linehaul rates. Inland Empire Paper Co. Terminal Allowance, 127 (130). Included in Line-Haul Rates: See ALLOWANCES under this heading. SPREAD OF RATES. See RATE COMPARISONS (BRANCH LINES WITH MAIN LINES); WATER Carriers (Relation of Water to Rail Rates).

SPUR TRACKS. See SWITCH CONNECTIONS.

STANDARD TIME ACT. See TIME.

STATUTES. See CONSTRUCTION AND INTERPRETATION (IN General). STATUTORY CONSTRUCTION. See CONSTRUCTION AND INTERPRETATION (IN GENERAL).

STOCKYARDS.

Subject to Interstate Commerce Act: St. Louis National Stockyards Co., during the period from November 10, 1935, to May 31, 1940, found to have been a common carrier by railroad subject to the act in connection with loading and unloading of carload shipments of livestock transported by railroad in interstate commerce to and from its public yards, under the principles in 308 U. S. 213, based on the fact that the company was engaged in the performance of a railroad transportation service and that it provided terminal facilities and services. Baltimore & O. R. Co. v. St. Louis National Stockyards Co., 407 (411, 420).

Unloading and Reloading: See LIVESTOCK (LOADING AND UNLOADING). STORAGE. See also TRANSIT (IN GENERAL).

Carrier's refusal to grant free storage in transit on grain at Saginaw, Mich., while granting that privilege to complainant's competitors at Detroit and Port Huron, Mich., and Toledo, Ohio, found not unreasonable. Per-car storage-intransit charge at Saginaw, plus normal authorized increases, was made to compensate carrier for its extra operation necessary to get cars to complainant's elevators, entailing switch movements through its terminal of 2.5 miles in each direction from and to its break-up yards. Michigan Bean Co. v. Pere Marquette Ry. Co., 50 (51).

Carrier's refusal to grant free storage in transit on grain at Saginaw, Mich., while granting that privilege to complainant's competitors at Detroit, and Port Huron, Mich., and Toledo, Ohio, found not unduly prejudicial. Mere showing of differences in rates, or that transit services are accorded at other points or by other carriers, does not in and of itself establish undue preference or prejudice. Withdrawal of carrier from agency tariffs permitting free transit at specified points, in compliance with an alternative order under sec. 3 of the act, would avail complainant nothing, because the other carriers would continue free storage for elevators at those points. Id. (52).

STORE-DOOR DELIVERY. See PICK-UP AND DELIVERY.

SUBNORMAL RATES. See REASONABLENESS (RATES, FARES, AND CHARGES (UNREASONABLY LOW RATES)).

SWITCH CONNECTIONS.

When switching between respondent's siding and tracks of industrial plant required cross-over of another carrier's line, restriction of cross-over privilege to hours between 8 a. m. and 5 p. m. and conditioning of use on obtaining of clearance from that carrier's dispatcher were not interferences attributable to the industry. Inland Empire Paper Co. Terminal Allowance, 127 (128). SWITCHING.

Absorption of Charges: That cross-town switching charges had formerly been absorbed on grain transited at Kansas City, Mo.-Kans., and St. Joseph, Mo., and no grain-door charges imposed, did not warrant assumption that existing cross-town switching rate included compensation for grain-door service. Comparison with higher switching rates on other commodities at those points was convincing that the switching rate on bulk grain did not cover that expense. Archer-Daniels-Midland Co. v. Alton R. Co., 421 (428, 432-433).

Allowances: When switching between respondent's electrically operated line and industrial plant at Millwood, Wash., required cross-over of steam-operated line of another carrier and use of the latter's siding, and such service could not be performed by respondent's electric switch engine, payment of allowance to the industry in amount found to represent cost of switching between respondent's siding and connection of the industrial tracks with the steam line's siding, which was found to be a reasonable point for delivery of traffic transported by respondent, was lawful. Service to that point was covered by respondent's line-haul rates, regardless of the kind of engine used. Inland Empire Paper Co. Terminal Allowance, 127 (129–130).

Charges: Proposed increased switching charge on imported bananas, coconuts, and pineapples from Mexican border to team tracks at Laredo, Brownsville, and Eagle Pass, Tex., 31.7 percent of prescribed first-class differential-territory rate for hauls of 5 miles or less, found not justified. However, there was no showing that existing charge failed to cover costs, including return on investment, and it was conceivable that the volume of the traffic, with all its annoyances, had reduced per-car switching costs. It was further noteworthy that the team-track delivery charge substantially exceeded charges on both import and domestic traffic for switching to and from industrial sidings. Switching Fruits at Texas Border Points, 17.

Cost of Service: Carrier's refusal to grant free storage in transit on grain at Saginaw, Mich., while granting that privilege to complainant's competitors at Detroit and Port Huron, Mich., and Toledo, Ohio, found not unreasonable. Per-car storage-in-transit charge at Saginaw, plus normal authorized increases, was made to compensate carrier for its extra operation necessary to get cars to complainant's elevators, entailing switch movements through its terminal of 2.5 miles in each direction from and to its break-up yards. Michigan Bean Co. v. Pere Marquette Ry. Co., 50 (51).

Allowance lawfully payable to industry for performing switching between linehaul carrier's siding and point found to be reasonable delivery point was determined by halving cost per loaded car shown in industry's study of cost of performing all switching, to exclude cost of service found to be plant service, on assumption that at least one-half of time required per loaded car was consumed in the plant service. Inland Empire Paper Co. Terminal Allowance, 127 (130).

Intraterminal: See TEAM TRACKS; TRANSIT (CONTINUITY OF MOVEMENT). Long-and-Short-Haul Clause: That cross-town switching rate and graindoor charges at Kansas City, Mo.-Kans., when added to line-haul rates, resulted in higher aggregate charges than rates to more distant points on grain moved past the cross-town elevator after transit, did not violate sec. 4. Under finding in